Kenyan case law

NJIRU BENSON & another v REPUBLIC [2010] KEHC 879 (KLR)

✦ The court finds that the voice identification and physical identification evidence are safe and reliable, and there is no merit in the appeal.

NEW TRADECO INVESTMENTS 2000 LIMITED v ANYANG SENLI TRADE CO. LIMITED & 2 Others [2010] KEHC 606 (KLR)

✦ The ex parte orders are vacated, and the plaintiff's amended chamber summons is disallowed. The 3rd defendant's chamber summons is allowed.

REPUBLIC v BAHATI LAND DISPUTE TRIBUNAL Ex-parte JOSHUA GITIRIBA WANJOHI [2010] KEHC 216 (KLR)

✦ Order of certiorari issued to quash the decision of the Bahati Land Disputes Tribunal

MOSES GIKUNDI LITHARA v REPUBLIC [2010] KEHC 797 (KLR)

✦ We find the evidence of identification by recognition to be safe in the circumstances and uphold the conviction and sentence.

JACKSON OKORE OSEN & 98 OTHERS V KENYA AIRPORT AUTHORITY [2010] KEHC 636 (KLR)

✦ The suit is incompetent as no notice was issued to the authority as required by Section 34 of Chapter 395.

ISAAC KITHINJI NYAMU & another v REPUBLIC & another [2010] KEHC 913 (KLR)

✦ The trial court's failure to record the coram and the language used by witnesses renders the trial a nullity and the convictions are quashed.

JOHN MURITHI v REPUBLIC [2010] KEHC 803 (KLR)

✦ The court finds that the appellant was not accorded his Constitutional right to interpretation of the proceedings in a language he understands, and that he was not satisfied that he was accorded a fair trial.

JOSEPH KIGORWE v REPUBLIC [2010] KEHC 799 (KLR)

✦ We uphold the conviction and sentence of the appellant

DANIEL NDERITU MACHARIA v REPUBLIC [2010] KEHC 4080 (KLR)

✦ The appellant's conviction and sentence are quashed. The sentence of 5 years on counts 3 and 4 is left in abeyance. The appellant's appeal is allowed.

BONIFACE MUGENDI KINYUA v REPUBLIC [2010] KEHC 979 (KLR)

✦ Conviction for simple robbery is set aside and substituted with robbery with violence. Sentence of 12 years imprisonment is set aside and replaced with death sentence.

CHARLES MITHIKA MUINDI & another v REPUBLIC [2010] KEHC 894 (KLR)

✦ The trial is declared a nullity due to the failure to indicate the language of the court. The appeal is successful, and the convictions are quashed and the sentences set aside. Both appellants are ordered to be retried.

REPUBLIC v LOCHURUVA ESMIRADAN [2010] KEHC 874 (KLR)

✦ The court found that the evidence of identification was good and that malice aforethought was proved. The court also found that the accused was at the scene of the crime.

JOHN NTHE WA KASSIM v REPUBLIC [2010] KEHC 4157 (KLR)

✦ The appeal is dismissed. The trial magistrate's decision is upheld.

KIURA MUVOE v ANTHONY NJAGI NDUATI [2010] KEHC 1031 (KLR)

✦ Kiura Muvoe is not entitled to inherit the deceased's land. The deceased's daughter, Paulina Maitha, is the rightful heir and is entitled to inherit the land.

EDWIN JUMBA ISIAHO v REPUBLIC [2010] KEHC 453 (KLR)

EDWARD MUNGAI MBURU & 3 other v SAUTI SACCO LIMITED & 3 others [2010] KEHC 954 (KLR)

✦ The Plaintiffs did not prove the Defendants were in contempt of court, and the motion is dismissed.

RUTH NJERI ZEYHLE v EBERHARD ZEYHLE & another [2010] KEHC 1216 (KLR)

✦ The preliminary objections are dismissed.

GLENCORE ENERGY U. K. LIMITED v KENYA PIPELINE COMPANY LIMITED [2010] KEHC 178 (KLR)

✦ The court finds that the documents cannot be privileged and orders the defendant to produce the documents listed in item 58 of the second schedule of the defendant's affidavit.

GLENCORE ENERGY U. K. LIMITED v KENYA PIPELINE COMPANY LIMITED [2010] KEHC 766 (KLR)

✦ The court finds that the documents listed as item 58 of the Second Scheduled of the Affidavit as to Documents cannot be privileged and orders the defendant to produce them for inspection.

KOMBO MWAKODZA KODZA v REPUBLIC [2010] KEHC 584 (KLR)

✦ The sentence is quashed and substituted with a term of time served, allowing the accused to be set at liberty unless otherwise lawfully held

REPUBLIC v THE SENIOR RESIDENT MAGISTRATE MILIMANI COMMERCIAL COURTS & 4 others [2010] KEHC 1182 (KLR)

✦ The court quashed the decision of the Senior Resident Magistrate and ordered the Registrar of Government Lands to register the vesting order in favor of the applicant.

LEONARD KIPRONO BYEGON v REPUBLIC [2010] KEHC 464 (KLR)

✦ The conviction is quashed and the sentence set aside

KENYA POWER & LIGHTINING CO. LTD v PHILIP A. M. KIMONDIU [2010] KEHC 957 (KLR)

✦ The court awards the Defendant KShs. 5,565,000/= for compensation, including land value, development, and cost of movement, with interest from the date of judgment.

NJENGA GACHATHI v NJOROGE MWORORO [2010] KEHC 1155 (KLR)

✦ The court orders that the purported sub-division of the land creating parcels Nos. 855, 856, and 857, or any other parcels or such resultant sub-divisions and their registrations into the names Njoroge Mburu Njoroge, Joseph Mburu Njoroge, and Samuel M. Njoroge and further such transferees and resultant beneficiaries on 22nd July, 2008 and thereafter be cancelled and the register be reverted to LR. No. Githunguri/Giathieko/431 forthwith.

BAKER N. ALUKONYA v WESTMONT POWER (K) LTD [2010] KEHC 716 (KLR)

✦ The dismissal was wrongful and unlawful, and the plaintiff is awarded one month's salary in lieu of notice, accrued leave, and wages for October 1998.